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CA holds that invoking privilege to wide ranging cross at suppression hearing permitted striking defendant's testimony, despite trial court's telling defense cross could be used at trial

By John Wesley Hall, Jr.

California's Fourth District holds that it was not error to strike the defendant's testimony at a suppression hearing where the prosecutor on cross examination went into the merits of the case, not just the search issue, as to how the defendant came to know about the marijuana and what she intended to do with it because it was relevant to her credibility on the suppression motion. Defense counsel invoked the Fifth on cross, so the trial court struck her testimony. No alternative to striking the testimony was offered by the defense. People v. Seminoff, 2008 Cal. App. LEXIS 144 (4th Dist. January 29, 2008): The prosecutor then asked her if she intended to sell the marijuana, and that prompted the same objection from defense counsel. Again, the court overruled the objection...continue to full post

Full post as published by Fourth Amendment on January 31, 2008 (boomark / email).